Terms of Service
Effective May 6, 2026
1. Who we are
PunchFinal is a software service operated by Martello Systems, LLC (“Martello Systems,” “we,” “us”). Contacting us: support@punchfinal.com.
2. Acceptance of these terms
By creating an account or using PunchFinal, you agree to these Terms. If you do not agree, do not use the service.
3. Your account
You are responsible for keeping your login credentials confidential and for any activity under your account. You must be at least 18 and legally able to enter into a binding contract.
4. Acceptable use
You will not use PunchFinal to violate any law, infringe any third party’s rights, distribute malware, attempt to disrupt the service, or store content you do not have rights to upload. We may suspend or terminate accounts that violate this section.
5. Subscription, billing, and cancellation
Paid plans renew automatically until you cancel. You may cancel any time from your account page; cancellation takes effect at the end of the current billing period. Fees already paid are non-refundable except where required by law. We may change prices on at least 30 days’ notice; price changes apply to renewals after the notice period.
6. Your content
You retain ownership of the content you upload (project data, punch items, photos, signatures). You grant us a limited license to host, process, and display that content solely to operate the service for you. You are responsible for the legality and accuracy of what you upload.
7. Service availability and changes
We aim to keep PunchFinal running reliably but do not guarantee uninterrupted availability. We may modify, add, or discontinue features at any time, with or without notice.
8. Disclaimer of warranties
The service is provided “as is” and “as available,” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law.
9. No professional advice
PunchFinal is a software tool for creating punch lists, proposals, invoices, and client sign-offs. It does not provide legal, construction, engineering, contracting, code-compliance, tax, accounting, or other professional advice, and nothing generated by or stored in the service should be relied upon as such. Documents you create with PunchFinal (including punch lists, proposals, invoices, sign-off records, and PDFs) are your own work product. You are solely responsible for the accuracy, completeness, legality, and fitness of that work, for the quality and safety of any construction or remodeling work it describes, and for compliance with all applicable laws, codes, permits, licensing requirements, and contractual obligations. Consult a qualified attorney, licensed contractor, or other appropriate professional for advice specific to your situation.
10. Electronic signatures & contractor–client disputes
PunchFinal supports electronic signatures for project sign-off and approvals. By signing electronically, you agree that your electronic signature is valid and has the same effect as a handwritten signature under the U.S. ESIGN Act and applicable state UETA. However, PunchFinal does not warrant or guarantee the legal enforceability, validity, or admissibility of any electronically signed document in any particular matter — you are responsible for determining whether an electronic signature is appropriate and legally sufficient for your use. PunchFinal is a record-keeping and workflow tool only; it is not a party to any agreement between a contractor and a homeowner or client, does not process or hold payments, and is not responsible for the underlying work, the quality of that work, or any payment, contract, or other dispute between a contractor and their client.
11. Limitation of liability
To the maximum extent permitted by law, Martello Systems, LLC will not be liable for indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly. Our total liability for any claim arising out of or relating to these Terms or the service is limited to the amount you paid us in the 12 months preceding the event giving rise to the claim.
12. Indemnification
You agree to indemnify and hold Martello Systems, LLC harmless from claims arising out of your content or your violation of these Terms.
13. Termination
You may stop using PunchFinal at any time. We may suspend or terminate your access if you violate these Terms or if continuing to provide the service becomes commercially impractical.
14. Governing law
These Terms are governed by the laws of the State of Utah, without regard to its conflict-of-law rules. Disputes will be resolved in the state or federal courts located in Utah.
15. Dispute resolution; binding arbitration & class-action waiver
Please read this section carefully — it affects your legal rights and includes a class-action waiver.
Informal resolution first: before bringing a claim, you agree to contact us at support@punchfinal.com and try to resolve the dispute informally for at least 30 days.
Binding arbitration: if the dispute isn’t resolved, you and Martello Systems LLC agree that any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its applicable rules, rather than in court — except that either party may bring an individual claim in small-claims court. The arbitration will be held in or governed by the State of Utah, and may be conducted by phone, video, or written submissions where permitted. The arbitrator’s award may be entered as a judgment in any court of competent jurisdiction.
Class-action waiver: YOU AND MARTELLO SYSTEMS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims.
30-day opt-out: you may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing support@punchfinal.com with your name and a statement that you opt out; opting out won’t affect the rest of these Terms.
Severability: if the class-action waiver is found unenforceable, the rest of this arbitration section will not apply.
16. Changes to these terms
We may update these Terms from time to time. If we make material changes, we will provide reasonable notice. Continued use of the service after changes take effect constitutes acceptance.
17. Contact
Questions about these Terms: support@punchfinal.com.
PunchFinal is a product of Martello Systems, LLC.
